Case 1:17-cv-00770-JDW Document 263 Filed 11/06/23 Page 1 of 3 PageID #: 29362
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MOTION TO SEAL REPLY BRIEF IN SUPPORT OF
`MOTIONS TO STRIKE UNTIMELY NEW OPINIONS
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`Defendant Caterpillar Inc. (“Caterpillar”) respectfully moves this Court for an order
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`granting leave to file under seal the following documents:
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`Caterpillar Inc.’s Reply Brief in Support of Motions to Strike Untimely New
`Opinions From Drs. John Meyer, Durham Giles, and Pallavi Seth (the “Motion to
`Strike Reply Brief”); and
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`Exhibit 10 to the Declaration of Christopher D. Mays in Support of Caterpillar Inc’s
`Reply Brief in Support of Motions to Strike Untimely New Opinions From Drs.
`John Meyer, Durham Giles, and Pallavi Seth (“Ex. 10”).
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`The Motion to Strike Reply Brief and Ex. 10 contain confidential information of Wirtgen
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`America, Inc. (“Wirtgen America”) and Caterpillar produced under the protective order in this
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`matter. They have been designated as Confidential or Highly Confidential – Attorneys’ Eyes
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`Only under the protective order. Furthermore, the confidential information in the Motion to Strike
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`Reply Brief and Ex. 10 is duplicative of and/or the same type of information that the Court has
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`already sealed in relation to the parties’ prior motions to seal in this case. D.I. 235, 255.
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`Specifically, the confidential information in the Motion to Strike Reply Brief and Ex. 10 is
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`also contained within Caterpillar Inc.’s Opening Brief in Support of Motions to Exclude Certain
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`Expert Testimony and for Summary Judgment at 2, 4, 6, 11, and 12 (D.I. 211); Caterpillar Inc.’s
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`Opening Brief in Support of Motions to Strike Untimely New Opinions From Drs. John Meyer,
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`C.A. No. 17-770-JDW
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`JURY TRIAL DEMANDED
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`)))))))))
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`WIRTGEN AMERICA, INC.,
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`CATERPILLAR INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`Case 1:17-cv-00770-JDW Document 263 Filed 11/06/23 Page 2 of 3 PageID #: 29363
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`Durham Giles, and Pallavi Seth at 5-6 (D.I. 233); Wirtgen America’s Opposition to Caterpillar
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`Inc.’s Motion to Strike Untimely New Opinions from Drs. John Meyer, Durham Giles, and Pallavi
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`Seth at 12-13 (D.I. 254); and Exhibit Nos. 1, 2, and 4 of the Declaration of Lucy Yen in Support
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`of Caterpillar Inc.’s Opening Brief in Support of Motions to Exclude Certain Expert Testimony
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`and for Summary Judgment (D.I. 213-1, Ex. 1; D.I. 213-2, Ex. 2; D.I. 213-4, Ex. 4).1 The grounds
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`for sealing the confidential information in the Motion to Strike Reply Brief and Ex. 10 are set forth
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`in Wirtgen America, Inc’s Brief in Support of the Parties’ Joint Motion for Leave to File Under
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`Seal (D.I. 214) and Caterpillar Inc.’s Brief in Support of Joint Motion to Seal (D.I. 225). The
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`Court has sealed each of these above-listed documents pursuant to the Court’s order at D.I. 235,
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`255.
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`Because the information contained within the Motion to Strike Reply Brief and Ex. 10 has
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`previously been sealed by this Court or is the same type of information that has previously been
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`sealed by the Court, this information should also be sealed in these latest filings.
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`Caterpillar has concurrently docketed the Motion to Strike Reply Brief and Ex. 10 with the
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`proposed redactions highlighted. Wirtgen’s proposed redactions are highlighted in green and
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`Caterpillar’s proposed redactions are highlighted in yellow. Redacted versions of the Motion to
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`Strike Reply Brief and Ex. 10 will be filed separately on the docket according to the Judge’s
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`procedures.
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` 1
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` Although Wirtgen America’s opposition to the motion to strike relies heavily on Table 8 of
`Seth’s opening report, the Motion to Strike Reply Brief and Ex. 10 are the first filings that
`include this table in its entirety. The relevant column and row (Row 1, Col. E) have already been
`sealed, D.I. 235, and the remaining financial information in the table is the same type of
`confidential information that has already been sealed. D.I. 235, 255. This information is
`confidential for the reasons outlined in Wirtgen America, Inc’s Brief in Support of the Parties’
`Joint Motion for Leave to File Under Seal (D.I. 214) and Caterpillar Inc.’s Brief in Support of
`Joint Motion to Seal (D.I. 225).
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`2
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`Case 1:17-cv-00770-JDW Document 263 Filed 11/06/23 Page 3 of 3 PageID #: 29364
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`WHEREFORE, Caterpillar respectfully requests that the Court enter the enclosed order
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`permitting it to file the above documents partially under seal.
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`Respectfully submitted,
`POTTER ANDERSON & CORROON LLP
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`By: /s/ Bindu A. Palapura
`Bindu A. Palapura (#5370)
`Andrew L. Brown (#6766)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`bpalapura@potteranderson.com
`abrown@potteranderson.com
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`Attorneys for Defendant Caterpillar Inc.
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`OF COUNSEL:
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`James C. Yoon
`Christopher D. Mays
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`Telephone: (650) 493-9300
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`Ryan R. Smith
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104
`Telephone: (206) 883-2500
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`Lucy Yen
`WILSON SONSINI GOODRICH & ROSATI, P.C.
`1301 Avenue of the Americas, 40th Floor
`New York, NY 10019
`Telephone: (212) 999-5800
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`Dated: November 6, 2023
`11150150 /11898.00005
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